relied upon, even at the stage of execution and even in collateral proceedings. A defect of jurisdiction, whether it is technical or territorial or whether ... when the validity of a decree can be challenged in collateral proceedings. The, relevant passage is at page 300 and is in the following terms
suit for permanent
injunction could be marked for a "collateral purposes"? The lower Court has
sustained the objection raised by the defendant that ... mark the impounded but unregistered sale deed dated
23.01.1976 for a purported collateral purpose, namely, to prove possession of
the property. But the Court below
document can be received in evidence if it is tendered for collateral purpose and the non-payment of surcharge as required by the Gram Panchayat ... whatever be the nature of the purpose, be it for main or collateral purpose, unless the requirements of proviso (A) to Section 35 are complied
evidence in view of proviso to Section 49 of
Registration Act for collateral purpose. But here the fact situation
is totally different, but the principle ... Such unregistered document can however be used as
an evidence of collateral purpose as provided in the Proviso to
Section 49 of the Registration
contemporaneous that the promissory note operates as a conditional payment or a collateral security so as to say that the real contract is different from ... counsel, there is no question of presumption of a conditional payment or collateral security where the money lending and the execution of the promissory note
that the document in question cannot be accepted in evidence even for collateral purposes as the suit is not for injunction where the only relevant ... come into the box and explain as to what is the collateral purpose, it is improper for the trial Court to assume that the document
Dontireddy Venkata Reddy vs Bhimavarapu Bhushireddy And Ors. on 6 March, 1970
Equivalent citations: AIR1971AP87
question :
"Whether, the document in question is admissible in evidence, for collateral purpose in the facts and circumstances of the case ... Registration Act, 1908, the document though unregistered, could be used for collateral purpose. Since one of the parties had denied the jural relationship of landlord
though un-registered can be admitted in evidence for collateral purpose as provided under proviso to Section 49 of Registration Act. He placed reliance ... contract. So also, it can be received as evidence of collateral transaction not required to be effected by registered instrument. If the transaction is such
stamped and is not
registered and is inadmissible in evidence even for collateral purpose. So, it is
in the interests of justice to exclude ... endorsement there as to having received it only as evidence for
collateral purpose under the proviso to Section 49 of Act.
Admittedly, in this case
